Florida Senate - 2014CS for SB 990By the Committee on Governmental Oversight and Accountability;
and Senator Ring
585-02535-14 2014990c1
1 A bill to be entitled
2 An act relating to public officers and employees;
3 amending s. 112.313, F.S.; removing an exception from
4 prohibited employment or a prohibited contractual
5 relationship for an officer or employee of certain
6 special tax districts or an agency organized pursuant
7 to ch. 298, F.S.; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (7) of section 112.313, Florida
12 Statutes, is amended to read:
13 112.313 Standards of conduct for public officers, employees
14 of agencies, and local government attorneys.—
15 (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP.—
16 (a) ANo public officer or employee of an agency may not
17 shall have or hold any employment or contractual relationship
18 with any business entity or any agency which is subject to the
19 regulation of, or is doing business with, an agency of which he
20 or she is an officer or employee, excluding those organizations
21 and their officers who, when acting in their official capacity,
22 enter into or negotiate a collective bargaining contract with
23 the state or any municipality, county, or other political
24 subdivision of the state; nor mayshall an officer or employee
25 of an agency have or hold any employment or contractual
26 relationship that will create a continuing or frequently
27 recurring conflict between his or her private interests and the
28 performance of his or her public duties or that would impede the
29 full and faithful discharge of his or her public duties.
30 1. When the agency referred to is that certain kind of
31 special tax district created by general or special law and is
32 limited specifically to constructing, maintaining, managing, and
33 financing improvements in the land area over which the agency
34 has jurisdiction, or when the agency has been organized pursuant
35 to chapter 298, then employment with, or entering into a
36 contractual relationship with, such business entity by a public
37 officer or employee of such agency shall not be prohibited by
38 this subsection or be deemed a conflict per se. However, conduct
39 by such officer or employee that is prohibited by, or otherwise
40 frustrates the intent of, this section shall be deemed a
41 conflict of interest in violation of the standards of conduct
42 set forth by this section.
43 2.However, ifWhen the agency referred to is a legislative
44 body and the regulatory power over the business entity resides
45 in another agency, or when the regulatory power thatwhich the
46 legislative body exercises over the business entity or agency is
47 strictly through the enactment of laws or ordinances, then
48 employment or a contractual relationship with such business
49 entity by a public officer or employee of a legislative body is
50 shall not be prohibited by this subsection or be deemed a
51 conflict.
52 (b) This subsection shall not prohibit a public officer or
53 employee from practicing in a particular profession or
54 occupation when such practice by persons holding such public
55 office or employment is required or permitted by law or
56 ordinance.
57 Section 2. This act shall take effect July 1, 2014.